WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of Community Health and Fitness allowing me to participate in any Community Health and Fitness e (the “Event” or “Events”) as a member of Community Fit or in event sanctioned by Community Health and Fitness; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
I understand and acknowledge the physical and mental rigors associated with exercise, weight lifting and other portions of such activity are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or man-made objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Community Health and Fitness; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inaction, the actions or inaction of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in Community Health and Fitness.
I agree to be familiar with and abide by the Rules and Regulations established by Community Health and Fitness. I also accept sole responsibility for my own conduct and actions while participating in Community Fit, and the condition and adequacy of my equipment.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Community Health and Fitness, Community Health and Fitness employees, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
sponsors, holds, and participates in events, practices, clinics, competitions, triathlons and similar activities (“Event(s)”) from time to time that pertain or relate in some way to triathlons or similar activities and/or its various disciplines, including swimming, bicycling, and running. Community Health and Fitness also provides coaching, training and instruction from time to time to individuals in these and other sporting activities (“Activity/ies”). Participating in Activities and participating and even attending Events may result in property damage, personal injury, and even disability or death. The Activities necessarily involve tremendous physical exertion. The actions of other people who participate in or attend Activities and Events are unpredictable. Many known or unknown incidents or events can cause or contribute to personal injury, and even disability or death, while participating in Activities or Events, which may or may not be related to the Activity or Event, such as weather or motor vehicle accidents during travel to and from the Activity or Event. I/we am/are aware of the risks, known and unknown, that are associated with participation or attendance of the Activities and/or Events, both on my own account and on behalf of all minors who are listed below. All people listed will, at all times, participate and/or attend the Activities and Events with complete knowledge of the risks and dangers involved, and agree to assume and accept any and all risks of property damage, personal injury, and specifically including disability or death. The Events and Activities are entirely voluntary. In permitting any minor to participate in any Activity or Event, I do so with full knowledge of the risks and dangers involved, and I accept, on said minor’s behalf, and on my own behalf, any and all risks associated with each and every one of the Activities and Events. I will not participate myself, nor will I permit any minor listed below to participate, at any time, in any Event or Activity, if such person is not completely healthy, able to handle the exertion without injury, disability or death, and unless the person has received medical clearance or authorization prior to participating. In consideration of participating and/or being allowed to participate or my child participating in Events and Activities, I/we hereby forever unequivocally waive and release Community Health and Fitness, its members, officers, employees, coaches, agents and volunteers, from any present and future claims or causes of action of any kind or type, including but not limited to negligence of Community Health and Fitness or any third party beyond Community Health and Fitness control, for property damage, personal injury, and specifically including disability or death, that arise out of or pertain in any way to: (i) any Events; (ii) any Activities; and (iii) participation in or attendance of any Events or Activities.
In addition to the foregoing, I, on behalf of myself and minor child or ward, covenant and
promise not to file any lawsuit against Community Health and Fitness that involves or pertains in any way to any of the claims or causes of action that are released or described in this Agreement for which I, individually and on behalf of my minor child or ward, assume all risks, known and unknown, and
any person claiming by, though, or under myself or minor child or ward.
I understand that neither Community Health and Fitness nor any of its directors, officers, employees, coaches, agents and volunteers will be responsible in any way for any injuries, disability, medical bills, or damages of any kind to me or any of the minors listed below.
I will indemnify Community Health and Fitness and its directors, officers, employees, coaches, agents and volunteers for any amounts of any kind that Community Health and Fitness must pay, or is held liable for, injuries, disability, death, medical bills, or damages of any kind, and for all legal costs and attorney’s fees related thereto, owed, paid, or awarded to, any of the persons named below or any of their parents, guardians, heirs, executors, administrators or personal representatives, and this Agreement shall be binding on all those persons. Further, I as parent or guardian shall indemnify Community Health and Fitness and its directors, officers, employees, coaches, agents and \volunteers for all amounts of any kind that Community Health and Fitness must pay, or is held liable for, damages arising out of any personal injuries, disability, or death.
I irrevocably consent to the unrestricted right to photograph, videotape and otherwise record or document my picture, name, likeness, etc., while participating in any Events, Activity, or any event in which I participate or is a spectator, and I authorize Community Health and Fitness and any and all other people or corporations, to use, without compensation, all such photographs, videotapes, etc. on websites, in magazines, on advertisements, on promotional materials of all types, so long as they are associated with the Activities or Events.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.